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Newport Beach Traumatic Brain Injury Lawyer
A mild blow to the head may result in a concussion that only lasts a few days and only requires minimal medical treatment, if any at all. More violent or repeated impacts, on the other hand, can cause significant physical and personal losses, not to mention result in numerous financial expenses in both the short and long terms.
A Newport Beach traumatic brain injury lawyer could be your strongest and most crucial ally if you want to pursue a civil claim and compensation from someone who caused you or a loved one to suffer a serious head injury. Beyond just helping to prove legal negligence, a seasoned personal injury attorney could also identify specific recoverable losses and help you contest allegations of comparative fault.
Types of Traumatic Brain Injuries
According to the Mayo Clinic, a traumatic brain injury (TBI) is one which results in any degree of cellular damage to the brain. A mild TBI may cause only temporary symptoms like headaches, confusion, and nausea, while more severe injuries may cause internal bleeding and tearing of brain tissue, resulting in prolonged loss of consciousness, memory problems, and loss of physical functionality.
In general, traumatic brain injuries can be categorized as one of four types, each of which may be mild, moderate, or severe in terms of symptoms and long-term effects. A Newport Beach traumatic brain injury attorney could work with an individual plaintiff and their healthcare providers to identify their specific injury and the resulting losses that could be factored into a civil lawsuit.
Concussion
A direct impact or sudden movement may cause the brain to bounce off the interior of the skull, leading to a concussive injury. While many concussions are mild TBIs that require minimal inpatient care, repeated concussions can have significant long-term repercussions.
Contusion
A bruise on the surface of the brain resulting from an impact is known as a contusion. Like bruising elsewhere in the body, contusions stem from bleeding of the brain, the scope of which determines the severity of the injury.
Penetration
Any penetration of the skull by an external object can cause catastrophic damage to the brain inside. A severe impact that causes the skull to crack can also lead to a penetrating TBI if a piece of the skull damages brain tissue.
Anoxic
Anoxic TBIs stem from the brain not receiving enough oxygen, resulting in the death of brain cells and the loss of brain function. While this kind of traumatic brain injury is often sourced in a blood clot, stroke, or other medical issue, severe head trauma can also lead to this outcome in some cases.
Seeking Compensation for a TBI
In order to be proven liable for causing a TBI, a civil defendant typically must be proven legally negligent by the plaintiff filing suit against them. In California, legal negligence entails a violation of a duty of care that proximately causes an accident, which in turn directly led to the plaintiffâs injuries.
Various legal precedents and statutes may negatively impact the recovery a traumatic brain injury victim in Newport Beach could recover, even with a skilled lawyerâs help. For example, if a plaintiff is found partially liable for the events which caused their injury, their available recovery may be reduced accordingly. Furthermore, a failure to file suit within two years of an accident in accordance with California Code of Civil Procedure §335.1 may result in a case being time-barred and an injured person being left with no compensation at all.
The Importance of Talking to a Newport Beach Traumatic Brain Injury Attorney
No one accused of causing someone else to suffer catastrophic brain damage is going to accept such an accusation sitting down. Without help from a knowledgeable and experienced personal injury attorney, you may have a difficult time proving a defendantâs fault while also contesting their counterarguments of comparative fault on your part.
Do not leave the results of your TBI claim to chance, especially given the importance financial recovery could hold in preserving your future prospects. Get in touch with a Newport Beach traumatic brain injury lawyer today to start discussing your case.